
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29642-29645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12376]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0289]
RIN 1625-AA08


Special Local Regulations; Miami Super Boat Grand Prix, Miami 
Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on 
the waters of the Atlantic Ocean east of

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Miami Beach, Florida during the Miami Super Boat Grand Prix. The Miami 
Super Boat Grand Prix will consist of a series of high-speed boat 
races. The event is scheduled to take place on Sunday, June 5, 2011. 
These special local regulations are necessary to provide for the safety 
of life on navigable waters during the high-speed boat races. The 
special local regulations will temporarily restrict vessel traffic in 
an area east of Miami Beach. The special local regulations will 
establish the following two areas: A race area, where all persons and 
vessels except those persons and vessels participating in or conducting 
the race are prohibited from entering, transiting, anchoring, or 
remaining; and a spectator area, where all vessels are prohibited from 
anchoring.

DATES: This rule is effective from 10 a.m. until 4 p.m. on June 5, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0289 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0289 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Lieutenant Paul A. Steiner, Sector Miami Prevention 
Department, Coast Guard; telephone 305-535-8724, e-mail 
Paul.A.Steiner@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
necessary information about the event with sufficient time to publish 
an NPRM and to receive public comments prior to the event. Although 
this event occurs annually, and special local regulations for this 
event are in the Code of Federal Regulations at 33 CFR 100.701, this 
year the event host changed the date of the event from the third 
weekend in April to June 5, thereby rendering the special local 
regulations set forth in 33 CFR 100.701 inapplicable for this year's 
event. Any delay in the effective date of this rule would be contrary 
to the public interest because immediate action is needed to minimize 
the potential danger to the race participants, participant vessels, 
spectators, and the general boating public.

Background and Purpose

    On June 5, 2011, Super Boat International Productions, Inc. is 
hosting the Miami Super Boat Grand Prix, a series of high-speed boat 
races. The event will be held on the waters of the Atlantic Ocean east 
of Miami Beach, Florida. Approximately 25 high-speed power boats will 
be participating in the races, and it is anticipated that at least 10 
spectator vessels will be present in the area during the races. The 
high speed of the participant vessels poses a safety hazard to race 
participants, participant vessels, spectators, and the general public. 
The special local regulations are necessary to protect race 
participants, participant vessels, spectators, and the general public 
from the hazards associated with the high-speed boat races.

Discussion of Rule

    The special local regulations will be enforced from 10 a.m. until 4 
p.m. on June 5, 2011 on the waters of the Atlantic Ocean east of Miami 
Beach, Florida during the Miami Super Boat Grand Prix. The special 
local regulations establish the following two areas: (1) A race area, 
where all vessels except those vessels participating in or conducting 
the race are prohibited from entering, transiting, anchoring, or 
remaining unless authorized by the Captain of the Port Miami; and (2) a 
spectator area, where all vessels are prohibited from anchoring. 
Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area by contacting the 
Captain of the Port Miami via telephone at 305-535-4472, or a 
designated representative via VHF radio on channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only six hours; (2) although persons and vessels will not be able 
to enter, transit through, anchor in, or remain within the race area 
without authorization from the Captain of the Port Miami or a 
designated representative, they may operate in the surrounding area, 
including the spectator area, while the special local regulations are 
enforced; (3) persons and vessels may still enter, transit through, 
anchor in, or remain within the race area if authorized by the Captain 
of the Port Miami or a designated representative; and (4) advance 
notification will be made to the local maritime community via Local 
Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within that portion of the 
Atlantic Ocean encompassed within the special local regulations from 10 
a.m. until 4 p.m. on June 5, 2011. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a

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significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves special local regulations issued in 
conjunction with a marine event. Under figure 2-1, paragraph (34)(h), 
of the Instruction, an environmental analysis checklist and a 
categorical exclusion determination are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.T07-0289 to read as follows:


Sec.  100.T07-0289  Special Local Regulations; Miami Super Boat Grand 
Prix, Miami Beach, FL.

    (a) Regulated Area. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of the Atlantic Ocean east of Miami 
Beach, FL encompassed within an imaginary line connecting the following 
points: starting at Point 1 in position 25[deg]49'14'' N, 
80[deg]07'13'' W; thence east to Point 2 in position 25[deg]49'13'' N, 
80[deg]06'48'' W; thence southwest to Point 3 in 25[deg]46'00'' N, 
80[deg]07'26'' W; thence west to Point 4 in position 25[deg]46'00'' N, 
80[deg]07'51'' W; thence northeast back to origin. All vessels except 
those vessels participating in or conducting the race

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are prohibited from entering, transiting through, anchoring in, or 
remaining within the race area without authorization from the Captain 
of the Port Miami or a designated representative.
    (2) Spectator Area. All waters of the Atlantic Ocean east of Miami 
Beach, FL encompassed within an imaginary line connecting the following 
points: Starting at Point 1 in position 25[deg]49'13'' N, 
80[deg]06'48'' W; thence east to Point 2 in position 25[deg]49'14'' N, 
80[deg]06'42'' W; thence southwest to Point 3 in 25[deg]46'00'' N, 
80[deg]07'19'' W; thence west to Point 4 in position 25[deg]46'00'' N, 
80[deg]07'26'' W; thence northeast back to origin. All vessels, 
including spectator vessels, are prohibited from anchoring in the 
spectator area. On-scene designated representatives will direct 
spectator vessels to the spectator area.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated areas.
    (c) Regulations.
    (1) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the race area may contact the Captain of the Port 
Miami by telephone at 305-535-4472, or a designated representative via 
VHF radio on channel 16, to seek authorization. If authorization to 
enter, transit through, anchor in, or remain within the regulated area 
is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date. This rule is effective from 10 a.m. until 4 
p.m. on June 5, 2011.

    Dated: April 22, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-12376 Filed 5-20-11; 8:45 am]
BILLING CODE 9110-04-P


